AGRARIAN REFORM AND SOCIAL A.

AGRARIAN REFORM

LEGISLATION 1987 CONSTITUTION: ARTICLE II – DECLARATION OF PRINCIPLES

AND STATE POLICIES PRINCIPLES
Cristina Andrea N. Rioflorido, ALS Block D 2021
Section 21. The State shall promote comprehensive rural development
Notes: and agrarian reform.

 Based on Atty. Casis’s outline (weekly syllabus, SY 2018-2019)

 Codal provisions are copy-pasted from online (DAR Website for the
CARL)
 Some notes are lifted from Atty. Casis’s notes (DAR Website)
 Super special thanks to Andrea De Vera for the recordings, Hosea
Salazar for the digests and notes
1987 CONSTITUTION: ARTICLE XII – NATIONAL ECONOMY AND
PATRIMONY
Section 1. The goals of the national economy are a more equitable
distribution of opportunities, income, and wealth; a sustained increase in
the amount of goods and services produced by the nation for the benefit
of the people; and an expanding productivity as the key to raising the
quality of life for all, especially the underprivileged.
The State shall promote industrialization and full employment based on
sound agricultural development and agrarian reform, through industries
that make full of efficient use of human and natural resources, and which
are competitive in both domestic and foreign markets. However, the
State shall protect Filipino enterprises against unfair foreign competition
and trade practices.
In the pursuit of these goals, all sectors of the economy and all region s
of the country shall be given optimum opportunity to develop. Private
enterprises, including corporations, cooperatives, and similar collective
organizations, shall be encouraged to broaden the base of their
ownership.

1987 CONSTITUTION: ARTICLE XIII – SOCIAL JUSTICE AND HUMAN

RIGHTS
Section 3. The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full employment and
equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective
bargaining and negotiations, and peaceful concerted activities, including
the right to strike in accordance with law. They shall be entitled to
security of tenure, humane conditions of work, and a living wage. They
shall also participate in policy and decision-making processes affecting
their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between
workers and employers and the preferential use of voluntary modes in
settling disputes, including conciliation, and shall enforce their mutual

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compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers,
recognizing the right of labor to its just share in the fruits of production
and the right of enterprises to reasonable returns to investments, and to
expansion and growth.
Section 4. The State shall, by law, undertake an agrarian reform
program founded on the right of farmers and regular farmworkers who
are landless, to own directly or collectively the lands they till or, in the
case of other farmworkers, to receive a just share of the fruits thereof. To
this end, the State shall encourage and undertake the just distribution of
all agricultural lands, subject to such priorities and reasonable retention
limits as the Congress may prescribe, taking into account ecological,
developmental, or equity considerations, and subject to the payment of
just compensation. In determining retention limits, the State shall
respect the right of small landowners. The State shall further provide
incentives for voluntary land-sharing.
Section 5. The State shall recognize the right of farmers, farmworkers,
and landowners, as well as cooperatives, and other independent farmers'
organizations to participate in the planning, organization, and
management of the program, and shall provide support to agriculture
through appropriate technology and research, and adequate financial,
production, marketing, and other support services.
Section 6. The State shall apply the principles of agrarian reform or
stewardship, whenever applicable in accordance with law, in the
disposition or utilization of other natural resources, including lands of the
public domain under lease or concession suitable to agriculture, subject
to prior rights, homestead rights of small settlers, and the rights of
indigenous communities to their ancestral lands. The State may resettle
landless farmers and farmworkers in its own agricultural estates which
shall be distributed to them in the manner provided by law.
Section 8. The State shall provide incentives to landowners to invest
the proceeds of the agrarian reform program to promote
industrialization, employment creation, and privatization of public sector
enterprises. Financial instruments used as payment for their lands shall
be honored as equity in enterprises of their choice.
RA 6657 – COMPREHENSIVE AGRARIAN REFORM LAW OF 1988
Section 2. Declaration of Principles and Policies. — It is the policy of the
State to pursue a Comprehensive Agrarian Reform Program (CARP). The
welfare of the landless farmers and farmworkers will receive the highest
consideration to promote social justice and to move the nation toward
sound rural development and industrialization, and the establishment of
owner cultivatorship of economic-size farms as the basis of Philippine
agriculture.
To this end, a more equitable distribution and ownership of land, with
due regard to the rights of landowners to just compensation and to the
ecological needs of the nation, shall be undertaken to provide farmers
and farmworkers with the opportunity to enhance their dignity and
improve the quality of their lives through greater productivity of
agricultural lands.
The agrarian reform program is founded on the right of farmers and
regular farmworkers, who are landless, to own directly or collectively the
lands they till or, in the case of other farm workers, to receive a just
share of the fruits thereof. To this end, the State shall encourage and
undertake the just distribution of all agricultural lands, subject to the
priorities and retention limits set forth in this Act, having taken into
account ecological, developmental, and equity considerations, and
subject to the payment of just compensation. The State shall respect the
right of small landowners, and shall provide incentives for voluntary
land-sharing.
The State shall recognize the right of farmers, farmworkers and
landowners, as well as cooperatives and other independent farmers'
organizations, to participate in the planning, organization, and
management of the program, and shall provide support to agriculture
through appropriate technology and research, and adequate financial
production, marketing and other support services.
The State shall apply the principles of agrarian reform, or stewardship,
whenever applicable, in accordance with law, in the disposition or
utilization of other natural resources, including lands of the public
domain, under lease or concession, suitable to agriculture, subject to
prior rights, homestead rights of small settlers and the rights of
indigenous communities to their ancestral lands.
The State may resettle landless farmers and farmworkers in its own
agricultural estates, which shall be distributed to them in the manner
provided by law. By means of appropriate incentives, the State shall
encourage the formation and maintenance of economic-size family farms
to be constituted by individual beneficiaries and small landowners. The
State shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of communal marine and fishing
resources, both inland and offshore. It shall provide support to such
fishermen through appropriate technology and research, adequate
financial, production and marketing assistance and other services. The
State shall also protect, develop and conserve such resources. The
protection shall extend to offshore fishing grounds of subsistence
fishermen against foreign intrusion. Fishworkers shall receive a just share
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from their labor in the utilization of marine and fishing resources.
The State shall be guided by the principles that land has a social function
and land ownership has a social responsibility. Owners of agricultural
lands have the obligation to cultivate directly or through labor
administration the lands they own and thereby make the land
productive.
The State shall provide incentives to landowners to invest the proceeds
of the agrarian reform program to promote industrialization, employment
and privatization of public sector enterprises. Financial instruments used
as payment for lands shall contain features that shall enhance
negotiability and acceptability in the marketplace. The State may lease
undeveloped lands of the public domain to qualified entities for the
development of capital-intensive farms, and traditional and pioneering
crops especially those for exports subject to the prior rights of the
beneficiaries under this Act.
Section 3. Definitions. —For the purpose of this Act, unless the context
indicates otherwise:
(a) Agrarian Reform means redistribution of lands, regardless of
crops or fruits produced, to farmers and regular farmworkers who
are landless, irrespective of tenurial arrangement, to include the
totality of factors and support services designed to lift the
economic status of the beneficiaries and all other arrangements
alternative to the physical redistribution of lands, such as
production or profit-sharing, labor administration, and the
distribution of shares of stocks, which will allow beneficiaries to
receive a just share of the fruits of the lands they work.
PD 27 – DECREEING THE EMANCIPATION OF TENANTS FROM THE
BONDAGE OF THE SOIL, TRANSFERRING TO THEM THE
OWNERSHIP OF THE LAND THEY TILL AND PROVIDING THE
INSTRUMENTS AND MECHANISM THEREFOR
In as much as the old concept of land ownership by a few has spawned
valid and legitimate grievances that gave rise to violent conflict and
social tension,
The redress of such legitimate grievances being one of the fundamental
objectives of the New Society,
Since Reformation must start with the emancipation of the tiller of the
soil from his bondage,
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972, and
General Order No. 1 dated September 22, 1972, as amended do hereby
decree and order the emancipation of all tenant farmers as of this day,
October 21, 1972:
This shall apply to tenant farmers of private agricultural lands primarily
devoted to rice and corn under a system of sharecrop or lease-tenancy,
whether classified as landed estate or not;
The tenant farmer, whether in land classified as landed estate or not,
shall be deemed owner of a portion constituting a family-size farm of five
(5) hectares if not irrigated and three (3) hectares if irrigated;
In all cases, the landowner may retain an area of not more than seven
(7) hectares if such landowner is cultivating such area or will now
cultivate it;
For the purpose of determining the cost of the land to be transferred to
the tenant-farmer pursuant to this Decree, the value of the land shall be
equivalent to two and one-half (2 1/2) times the average harvest of three
normal crop years immediately preceding the promulgation of this
Decree;
The total cost of the land, including interest at the rate of six (6) per
centum per annum, shall be paid by the tenant in fifteen (15) years of
fifteen (15) equal annual amortizations;
In case of default, the amortization due shall be paid by the farmers'
cooperative in which the defaulting tenant-farmer is a member, with the
cooperative having a right of recourse against him;
The government shall guaranty such amortizations with shares of stock
in government-owned and government-controlled corporations;
No title to the land owned by the tenant-farmers under this Decree shall
be actually issued to a tenant-farmer unless and until the tenant-farmer
has become a full-fledged member of a duly recognized farmer's
cooperative;
Title to land acquired pursuant to this Decree or the Land Reform
Program of the Government shall not be transferable except by
hereditary succession or to the Government in accordance with the
provisions of this Decree, the Code of Agrarian Reforms and other
existing laws and regulations;
The Department of Agrarian Reform through its Secretary is hereby
empowered to promulgate rules and regulations for the implementation
of this Decree.
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Agrarian Reform vs. Land Reform
(Table)
B. LANDS COVERED
1. Section 4 and 5, CARL
2. Section 7, CARL
3. Agricultural Lands: Section 3(c), CARL
a. Natalia Realty, Inc., et al. v. Department of Agrarian Reform, et al., G.R.
No. 103302 August 12, 1993
b. Roxas & Co., Inc. v. DAMBA-NFSW and DAR, G.R. No. 149548 : December
4, 2009
c. Jose Luis Ros, et al. v. Department Of Agrarian Reform, et al., G.R. No.
132477, August 31, 2005
4. Agricultural Activity: Section 3(b), CARL
a. Luz Farms v. Secretary of Agrarian Reform, G.R. No. 86889,
December 4, 1990
b. Department Of Agrarian Reform v. Delia T. Sutton, et al., G.R. No.
162070, October 19, 2005
c. Milestone Farms, Inc. v. Office of the President, G.R. No.
182332, February 23, 2011
5. Idle Land: Section 3(e), CARL
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C. EXCLUSIONS FROM THE COVERAGE OF CARL
1. Section 10, CARL
a. Department of Agrarian Reform v. Philippine Communications Satellite
Corp., G.R. No. 152640, June 15, 2006
b. Central Mindanao University vs. DAR, GR No. 10009, Oct. 22, 1992
2. RA No.7881 – Fishponds and Prawn Farms

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